Business of the House

Antoinette Sandbach Excerpts
Thursday 14th July 2016

(7 years, 10 months ago)

Commons Chamber
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Chris Grayling Portrait Chris Grayling
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I do not know about the individual constituency case, but I am sure that the hon. Lady will raise it with the new Home Secretary. Of course there are lessons to be learnt from the inspections that are carried out in institutions such as Yarl’s Wood. It continues to be a priority for the Government to ensure that we detain people decently, but also to ensure that we detain people when there is a serious question mark over their right to be in the country, and I think that that is right and proper.

Antoinette Sandbach Portrait Antoinette Sandbach (Eddisbury) (Con)
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Last night, GHA Coaches—which is in the constituency of Wrexham but has two depots in my constituency, in Tarvin and Winsford—went into administration, with the potential loss of 300 to 400 jobs. I should be grateful if the Leader of the House encouraged the new Secretary of State for Wales to liaise with the Department for Transport, and indeed with the Department for Business, Innovation and Skills, to establish what support can be given to those who may be facing redundancy.

Chris Grayling Portrait Chris Grayling
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I am very sorry to hear of what must be very difficult and distressing news for my hon. Friend’s constituents and those in the next-door constituency of Wrexham, and all our good wishes in this House go out to those affected. When a business is put into administration, one always hopes that it is possible to save it. I know that the Department for Work and Pensions, the Department for Business, Innovation and Skills and the Wales Office will do everything they can to provide appropriate support, where they are able to do so.

Business of the House

Antoinette Sandbach Excerpts
Thursday 11th February 2016

(8 years, 3 months ago)

Commons Chamber
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Chris Grayling Portrait Chris Grayling
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The hon. Gentleman makes an important point, and I will make sure that his concerns are drawn to the Foreign Secretary’s attention. The Foreign Secretary will be before the House on Tuesday week, when the hon. Gentleman will have the opportunity to put that question to him.

Antoinette Sandbach Portrait Antoinette Sandbach (Eddisbury) (Con)
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Few things upset my constituents more than the potential impact of new housing development on their doctors’ surgeries, schools and local infrastructure. The Minister for Housing and Planning emphasised during proceedings on the Housing and Planning Bill the importance of local councils giving due consideration to impacts on infrastructure. Will the Leader of the House secure a written statement from the Housing and Planning Minister to give local councils proper guidance on how to apply that principle?

Chris Grayling Portrait Chris Grayling
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That is an important point. We need more housing in this country, but it is essential that the resources are made available through development schemes and smart local planning to establish the appropriate infrastructure. I will make sure that Ministers are aware of the concerns that my hon. Friend has raised.

Business of the House

Antoinette Sandbach Excerpts
Thursday 3rd December 2015

(8 years, 6 months ago)

Commons Chamber
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Antoinette Sandbach Portrait Antoinette Sandbach (Eddisbury) (Con)
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The Leader of the House will be aware that the reservoir of bovine TB has the potential to devastate dairy herds in my constituency. Given the worldwide shortage of the vaccine and the Welsh Government’s withdrawal of their vaccine programme against badgers, could we have a debate in Government time on the impact of that wildlife reservoir?

Chris Grayling Portrait Chris Grayling
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That is a very real issue for the agricultural communities in this country. I read those reports with concern as well. It is absolutely right and proper that we take measures to protect our farming industry, as it is crucial to this country. I will ensure that my hon. Friend’s concerns are passed to my right hon. Friend the Secretary of State, who will be in the House shortly before the Christmas recess and will be able to address matters in greater detail then.

Oral Answers to Questions

Antoinette Sandbach Excerpts
Thursday 3rd December 2015

(8 years, 6 months ago)

Commons Chamber
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Lord Vaizey of Didcot Portrait Mr Vaizey
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I take the issue of access to arts by all our communities very seriously, which is why I support all the schemes that the Arts Council is undertaking. But again, the hon. Gentleman can make a difference. He does not have to feel powerless on the Opposition Benches: he can ring up Labour Lancashire now and ask why it is withdrawing all its funding from all its museums.

Antoinette Sandbach Portrait Antoinette Sandbach (Eddisbury) (Con)
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3. What assessment his Department has made of the rate of take-up of broadband grant vouchers by small and medium-sized businesses.

Lord Vaizey of Didcot Portrait The Minister for Culture and the Digital Economy (Mr Edward Vaizey)
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I am grateful for the chance to address this important issue, and I am delighted that more than 50,000 firms in the UK have taken advantage of our broadband connection vouchers, as well more than 1,000 public buildings.

Antoinette Sandbach Portrait Antoinette Sandbach
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My constituents in Eddisbury will have connections below the Cheshire average for superfast broadband. What steps can be taken to ensure that Connecting Cheshire will prioritise better superfast broadband access for rural businesses and residents in Eddisbury?

Lord Vaizey of Didcot Portrait Mr Vaizey
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My hon. Friend is a fantastic advocate for broadband and for her constituency. I am very pleased that almost half of her constituency will benefit from our superfast broadband roll-out—almost 15,000 homes in her constituency have already been passed, but by the time the project is finished more than 30,000 will have been passed.

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Thérèse Coffey Portrait Dr Thérèse Coffey
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I am not exactly sure of the procedure that my hon. Friend refers to. It is usually at the discretion of the Chair of the Backbench Business Committee to indicate the likely times of debates on each topic if the Committee chooses to split up its days. The concept of injury time for all business was considered by the Procedure Committee in the last Parliament, but the Committee agreed with the then Leader of the House that rendering uncertain the time of conclusion of debates in the House would be undesirable.

Antoinette Sandbach Portrait Antoinette Sandbach (Eddisbury) (Con)
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7. What assessment he has made of whether oral questions to the Leader of the House is an effective use of parliamentary time.

Chris Grayling Portrait The Leader of the House of Commons (Chris Grayling)
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The oral questions rota is regularly reviewed to ensure that the Government and other answering bodies can be adequately scrutinised, reflecting any machinery of government changes and the quantitative evidence of Members questioning.

Antoinette Sandbach Portrait Antoinette Sandbach
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I am grateful for my right hon. Friend’s answer, but there are many important issues that need to be raised. Will he consider whether oral questions to the Leader of the House are the best use of time?

Chris Grayling Portrait Chris Grayling
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I am very tempted by the idea of merging questions to the Leader of the House with business questions, as we seem to cover a lot of the same ground. There are areas of activity where there is a case for allowing more time for scrutiny in the House. I intend to give careful consideration to the matter in the coming weeks. There may well be a case for change.

Standing Orders (Public Business)

Antoinette Sandbach Excerpts
Thursday 22nd October 2015

(8 years, 7 months ago)

Commons Chamber
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David Hanson Portrait Mr David Hanson (Delyn) (Lab)
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I am finding this debate quite depressing. During my time in the House of Commons, when I have walked into this Chamber, I have done so and been able to speak on behalf of my constituents on issues that they have raised with me—irrespective of my majority, irrespective of how long I have served here, irrespective of my service to this House and irrespective of whether I am a Privy Councillor. I have been able to speak as an equal Member of this House. Tonight, however, that circumstance will change—[Interruption.] It will.

I served as an equal Member of this House during the time that the right hon. Member for Wokingham (John Redwood) was Secretary of State for Wales even though he did not represent a constituency in Wales. I have served as an equal Member when I was a Northern Ireland Minister, dealing with Northern Ireland matters, even though I was not a Member representing a constituency in Northern Ireland. From tonight, however, there will be a very subtle difference, because as a Member of Parliament representing a constituency in north-east Wales, I will not be able to table amendments or vote on them in Committee.

Why does that matter? It matters because my constituents use services in England and pay general taxation for services in England. Before any Members shout “Oh, yes”, let me point out to them that my constituents use health services in England because the local general hospital is the nearest general hospital that was designed to serve Chester and north-east Wales; they use services in Liverpool; they use specialist services in Manchester; and they use specialist health services in Gobowen in Shropshire. Indeed, some 66,000 people from my area used the Countess of Chester hospital last year because it was the hospital they were meant to use under legislation passed by this House.

Antoinette Sandbach Portrait Antoinette Sandbach (Eddisbury) (Con)
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In fact, the reality is that the Labour Welsh Government have pulled the plug on a lot of health funding in Wales, and the maternity unit at Glan Clwyd is under threat. That is why 66,000 of the right hon. Gentleman’s constituents are going over the border into England.

David Hanson Portrait Mr Hanson
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The hon. Lady does not know the area of north-east Wales. In fact, she lost an election in north-east Wales in the constituency I now represent. She does not understand the nature of the business in north-east Wales. I have—[Interruption.]

Antoinette Sandbach Portrait Antoinette Sandbach
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On a point of order, Mr Deputy Speaker. The right hon. Member for Delyn (Mr Hanson) suggested that I was not elected in the area that he represents, but I spent four years as a Welsh Assembly Member representing the whole of north Wales, including north-east Wales.

Lindsay Hoyle Portrait Mr Deputy Speaker
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I hate to say it to the hon. Lady, but this is actually the House of Commons.

Business of the House

Antoinette Sandbach Excerpts
Thursday 17th September 2015

(8 years, 8 months ago)

Commons Chamber
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Chris Grayling Portrait Chris Grayling
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The hon. Gentleman is very assiduous in making this point. I remind him that he can vote on education in my constituency but not his own. That is an imbalance in the devolution settlement. We are not planning to take away from him the right to vote in any Division he currently takes part in. We are simply saying that if a Government covering the United Kingdom seek to impose on England—and indeed on England and Wales, because this is not simply about England—something that MPs in that part of the country oppose, they should have a comparable say in whether it happens. That is all we are suggesting.

Antoinette Sandbach Portrait Antoinette Sandbach (Eddisbury) (Con)
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I refer hon. Members to my entry in the register of interests. The Leader of the House will be aware of the considerable impact of low milk prices on dairy farmers in Eddisbury. I am aware that the Secretary of State for Environment, Food and Rural Affairs has made a written statement on EU talks, but given the importance of the talks to dairy farmers throughout the UK will the Leader of the House schedule a debate?

Chris Grayling Portrait Chris Grayling
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There is clearly a very real issue for our dairy industry, and our farming industry is strategically important not simply for feeding the nation but for the protection of our countryside and environment. I do understand the very real issues in constituencies such as Eddisbury, which I know well, and I say to my hon. Friend that I know her concerns are in the in-tray of the Department for Environment, Food and Rural Affairs. I will make sure her comments today are passed on to it.

English Votes for English Laws

Antoinette Sandbach Excerpts
Wednesday 15th July 2015

(8 years, 10 months ago)

Commons Chamber
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Angela Eagle Portrait Ms Eagle
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My right hon. Friend, who has the unique distinction of missing out by one vote from being selected in Wallasey before I was, is a very experienced winner of elections and the point he makes is absolutely spot-on.

What the Government are suggesting is all in direct defiance of the advice given by the McKay commission, which the Government appointed and whose advice they have inexplicably ignored for reasons they have not chosen to share with us.

Antoinette Sandbach Portrait Antoinette Sandbach (Eddisbury) (Con)
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Does the right hon. Lady accept that, given the nature of the devolution settlement, the fact that these matters were not dealt with in the last 20 years and the fact that there is going to be a further Wales and Scotland Act, now is the time to look at English votes for English laws?

Angela Eagle Portrait Ms Eagle
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I thank the hon. Lady for inexplicably promoting me to the Privy Council; perhaps she could have a word with her friend the Prime Minister and see whether she can make that happen, because she is probably very influential. What I am trying to argue is if we are going to do this to give an English voice, it has to be done in a cross-party way with consensus, not in a partisan way that is clearly designed to assist only one party in this House.

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Pete Wishart Portrait Pete Wishart (Perth and North Perthshire) (SNP)
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What a week it has been. It is hard to believe that we were all here, in practically the same places, just over a week ago considering this very issue, when the Leader of the House was forced to come to the Chamber to explain his position in a Standing Order No. 24 debate. He quickly withdrew the proposed Standing Orders that evening and, after bravely prevaricating and heroically retreating, he is back here offering practically nothing new.

I had a bit of hope last week when the Leader of the House withdrew his initial Standing Orders. I thought that we might make some progress and was hopeful that we could come back in a reasonable frame of mind to move forward. However, I am thoroughly disappointed at the way the Leader of the House has come back here. There is basically no change to the Standing Orders. All he has done is to offer a bit of clarification about departmental spending and the estimates, which we already knew about. He has not addressed the issues that concern us, such as the Barnett consequentials and long-term planning when it comes to legislation. He has not addressed the points that my right hon. Friend the Member for Gordon (Alex Salmond) made about tuition fees and the long-term impact of such issues year on year.

Antoinette Sandbach Portrait Antoinette Sandbach
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The last time we debated these matters in the House, the hon. Gentleman said very clearly—I believe that the Leader of the House quoted him—that we should trust the SNP not to vote on English matters. However, this week there was a statement about the changes to the Hunting Act 2004, which your leader in Scotland had identified as an English-only matter. The hon. Gentleman asked us to trust the SNP. How does that position stand now?

Natascha Engel Portrait Madam Deputy Speaker (Natascha Engel)
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The hon. Lady should speak through the Chair. She was directing her questions to me, when she wanted to address them to the hon. Gentleman.

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Pete Wishart Portrait Pete Wishart
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I am delighted at the praise being heaped on me by English Conservative Members. It is not necessary, but I am grateful for it. I will come to the hon. Gentleman’s point because it is important, and I will suggest a solution that I am almost certain will not satisfy him. It is called, “Doing it yourself.” It is about getting a Parliament and deciding all those things.

Pete Wishart Portrait Pete Wishart
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I have already given way to the hon. Lady.

That was the most important issue for Conservative Members. Remember all the things that were said before the general election—the “jockalypse”, and the right hon. Member for Doncaster North (Edward Miliband) in the pocket of my right hon. Friend the Member for Gordon. They painted all those fears of mad Scottish nationalists coming down here and voting on their precious Bills, stealing their votes. That was what was presented. Then we come down here, and the first thing we do is get involved in this total and utter mess, this guddle, this disaster—I cannot even call it a dog’s breakfast as that would show disrespect to our canine friends’ favourite morning meal. It is such a mess and disaster. So we are where we are; we are back with this issue again and we must consider how to make some progress.

Let us get back to the fundamentals. Why are we doing this? I have detected two reasons from Conservative Members. The first is that they feel that it is unfair to have these nasty Scottish Members coming down and voting on their precious legislation—poor souls! They are only 85% of the membership of this House, and there has hardly ever been an issue where we have actually won a vote on the basis of Scottish issues. I cannot think of an example from the 14 years that I have been in the House. Poor guys. What a shame. All these Scottish Members voting on their poor legislation—I will come on to that.

The other point that I find really funny is that Conservative Members are doing this to save the Union. That is the killer. I heard several English Members on the radio today saying once again that they are doing this “to save the Union”. You know me, Madam Deputy Speaker, and I am not in the Union-saving business; I am in the Union-ending business. If Conservative Members wanted to design a plan to ensure that—

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Pete Wishart Portrait Pete Wishart
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We did not vote on them, because the Tories withdrew them. I do not think I could have been clearer about why we intended to vote on foxhunting. We could not have got any more interest in it from Scotland—we were absolutely flooded with requests, not just from our constituents but from English constituents.

Pete Wishart Portrait Pete Wishart
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I have already given way to the hon. Lady and I want to make progress.

The Government’s attempt to politicise the role of Mr Speaker—the master of ceremonies in the House of Commons—is utterly appalling. It is shameful that Mr Speaker is going to have to make a very serious political decision as to whether or not we can participate and vote in debates. What a position to put the arbiter of our business in! I do not know of any other legislature in Europe or the world where the Speaker, the arbiter of the House, would be placed in such a pernicious situation.

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Graham Stuart Portrait Graham Stuart
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I accept the hon. Lady’s sincerity. She may have an opportunity to speak later, and to explain more fully why that would be. However, as I have tried to explain, I feel—because of the imbalance in the constitutional settlement, which I think we all accept—a need to move.

I had hoped for something more ambitious. This is the most modest change that could have been made. It was not the leading issue on the doorstep, and I have not heard anyone suggest that it was, but there is a long-standing grievance. Many people feel that they are not getting a fair deal, and that their voice is not being sufficiently heard. On a democratic basis, they want to feel that their voice will be listened to, and that what they vote for will have an impact on matters that affect only them in England.

The Leader of the House has listened, has extended the period, and has said that, following today’s debate, he will consider further amendments if necessary. I hope that that will happen. I agree with the hon. Member for Wallasey: I want to ensure that the Union continues, and I want to ensure that these modest changes do not cut the thread that holds us all together as a nation. I take the hon. Lady very seriously, because I know that, like me, she wants to see that happen. Unfortunately, I know that the hon. Member for Perth and North Perthshire has entirely other ends, and is prepared to use whatever means he thinks necessary to fulfil them.

Antoinette Sandbach Portrait Antoinette Sandbach
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Is it not ironic that SNP Members who asked for, and got, the devolution that they wanted—or, at least, part of it—are now dictating what kind of devolution should apply in England, the form in which we should have the right to self-determination, and the way in which we should apply our own rules to English votes for English laws?

Graham Stuart Portrait Graham Stuart
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My hon. Friend is quite right. We watched as national Parliaments were convened in Holyrood, Cardiff and Stormont, and progressively more powers were devolved from Westminster. Those changes reflected the settled will of the people of Scotland, Wales and Northern Ireland.

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Ian C. Lucas Portrait Ian C. Lucas
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Gladstone’s proposals were in home rule Bills, which were of massive constitutional significance. Furthermore, they failed and led to the break in the union that had existed between Great Britain and Ireland. As a result of the failure of that process, we had the break-up of the relationship that existed within these islands. My concern is that these proposals, as the hon. Member for Perth and North Perthshire (Pete Wishart) said, are a threat to the Union that I love. I was born in England, I am proud to represent a Welsh seat, I have a son studying at Edinburgh University and I want the United Kingdom to continue. That is why I am bitterly opposed to these proposals.

The proposals are of not only enormous constitutional significance, but massive practical significance to my constituents. I am sorry to say that they also draw the Speaker into the centre of political debate. The Speaker will have to determine very controversial, practical matters that will require detailed knowledge of constituencies across the United Kingdom.

Antoinette Sandbach Portrait Antoinette Sandbach
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But of course, that idea of legislative consent is dealt with by Presiding Officers in the devolved Assemblies all the time and was the very system the hon. Gentleman voted for when he voted the devolution Bills through.

Ian C. Lucas Portrait Ian C. Lucas
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It is not the same system—it is an entirely different one. These proposals are, for the Speaker, unprecedented because they require detailed knowledge of constituencies that the Speaker cannot be expected to have.

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Ian C. Lucas Portrait Ian C. Lucas
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I agree. It is therefore good that the Leader of the House did listen and did not press these Standing Orders as he wished to do in the first instance. This position is self-evident. Anyone who looks at the facts and knows north-east Wales accepts that that is the case. The difficulty was made clearer to me last Saturday when I received at home in Wrexham, through my letterbox, a ballot paper from the Liverpool Heart and Chest Hospital for an election to the north Wales constituency of the hospital. How can any decision relating to that hospital possibly be English-only, whether it relates to its finances or structure? Health is a devolved matter in Wales, but issues relating to that hospital do involve MPs from Wales. They should be able to represent their constituents in this place, and the proposed Standing Orders threaten that.

Antoinette Sandbach Portrait Antoinette Sandbach
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My constituents in Cheshire have no say on the health service in Wales, even though they might belong to a GP practice over the border. They cannot table amendments to Welsh legislation, but the hon. Gentleman can table amendments to legislation here. Under these proposals, only English MPs will be able to vote on English-only matters, but he will not be prevented from standing up, making representations or tabling amendments.

Ian C. Lucas Portrait Ian C. Lucas
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That is the case because this Parliament approved devolution and had a referendum. England, if it so wished, could proceed to have an English Parliament or regional Assemblies. This conundrum has a simple answer, but it is not one that the Conservative party wants to accept.

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Ian C. Lucas Portrait Ian C. Lucas
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Indeed.

The proposed Standing Orders need to be changed so that representations can be made to the Speaker by Members on whether a Bill is an England-only Bill or an England-and-Wales-only Bill. Also, legislation to be certified by the Speaker is defined by reference to the powers of the Scottish Parliament, the Welsh Assembly and the Northern Ireland Assembly, but some powers are devolved to the Scottish Parliament and not to the Welsh Assembly or the Northern Ireland Assembly. That means that in criminal justice, for example, the Government could bring forward an England-and-Wales-only Bill, excluding MPs from Scotland, even though the Scottish Parliament has responsibility for justice matters, and could legislate using the new procedures. However, the proposed Standing Orders make no provision for a similar power for MPs from Wales, despite the fact that Assembly Members have no powers in the area of criminal justice. For example, if Parliament wished to legislate on the issue of using the Welsh language in courts in Wales, there is no procedure in these Standing Orders to allow that matter to be referred to the Welsh Grand Committee, to give MPs from Wales a double vote, or to enable the double counting voting procedure to apply to MPs from Wales.

Antoinette Sandbach Portrait Antoinette Sandbach
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It is an English and Welsh matter.

Ian C. Lucas Portrait Ian C. Lucas
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It is not an English and Welsh matter—it is a Welsh matter, and it should be determined by MPs from Wales.

In those circumstances, it is right and proper that MPs from Wales should have exactly the same double counting procedure as MPs from England, because then legislation on the issue could be carried only with the consent of MPs from Wales. That would be entirely fair and entirely appropriate. However, these Standing Orders do not contain any procedure to allow that to happen. How can this be right? On a non-devolved issue—a Welsh-only issue, in my submission—Welsh MPs should have the same power to deal with it as English MPs have on English-only issues.

Antoinette Sandbach Portrait Antoinette Sandbach
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The hon. Gentleman’s example is somewhat disingenuous, because Welsh language issues are devolved to and dealt with by the Assembly, whereas no criminal justice issues are devolved, and therefore that is dealt with as an English and Welsh matter.

Ian C. Lucas Portrait Ian C. Lucas
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Criminal justice matters are not devolved.

If such a position were conceded by the Government, then because, unfortunately for the Government, most MPs in Wales are Labour, a Welsh criminal justice Bill dealing with this issue could pass through Parliament only if we had double voting for MPs from Wales with the consent of the Opposition. The implications of that are enormous.

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Ian C. Lucas Portrait Ian C. Lucas
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I was talking about the implications of giving Welsh MPs—dare I say it?—the same rights as MPs from England. Let us suppose, for example, that a future UK Labour Government dependent on Scottish and Welsh votes for an overall majority wished to lower tuition fees in England, and this was vetoed in a Committee comprising English Members only. After the Committee, the Education Secretary would have to defend in the House a policy with which he disagreed. In effect, he would be the Education Secretary for England, but England could have a Conservative majority. A Labour Minister cannot be responsible to a Conservative majority, so the logical solution would be to have a Conservative Education Secretary. However, there cannot be two Governments at the same time, one for devolved matters and the other for non-devolved matters. A Government have to be collectively responsible for all their policies, not just a selection of them. That is the type of situation that the Standing Orders will create.

The Standing Orders will, in practice, increase the Conservative majority on English devolved matters from 12 to 105 at a stroke. When Labour set up the Welsh Assembly, there were no Conservative MPs in Wales at all. With a majority of more than 150 in the House of Commons, the Labour party introduced an additional member voting system in Wales to ensure that there was a balanced representation within the National Assembly for Wales. The hon. Member for Eddisbury (Antoinette Sandbach) would not have been elected to the National Assembly for Wales because she kept losing under the first-past-the-post system.

Antoinette Sandbach Portrait Antoinette Sandbach
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Will the hon. Gentleman give way?

Ian C. Lucas Portrait Ian C. Lucas
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No, I will not. I will finish this point. I have given way to her too often already. I am speaking for Wales—we know she is speaking for England—and for the United Kingdom, too.

Antoinette Sandbach Portrait Antoinette Sandbach
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Will the hon. Gentleman give way?

Ian C. Lucas Portrait Ian C. Lucas
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No, I will finish this point.

The Labour Government provided that power because we thought it was right and proper to have balanced representation in Scotland and Wales on the Scottish Parliament and the National Assembly for Wales. We thought that that was fair. What does the Conservative party want to do? The measure is a partisan one because it increases the Conservative majority in Committee. Effectively, it gives English MPs, the majority of whom are Conservative, double votes. It makes no concession to the Labour party, the Opposition, or to smaller parties within England, which will not have any representation on the Legislative Grand Committee (England). It entrenches and strengthens the position of the Conservative party in England; it does not make any concessions to a broad-based Chamber such as those that were made to the Scottish Parliament and the National Assembly for Wales.

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Antoinette Sandbach Portrait Antoinette Sandbach (Eddisbury) (Con)
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It is a great pleasure to follow the maiden speech of the hon. Member for Glasgow North East (Anne McLaughlin), who will clearly be a strong voice for her constituents. Like her, in my maiden speech I emphasised the character and resilience of my constituents. We have that in common. The contributions that our constituents make to civil society are extremely important, and I am glad that she raised those matters in her maiden speech as that is an experience that many of us across the House share.

Once again, I rise to speak on English votes for English laws, which I raised in my maiden speech. It was with some surprise that I listened to the shadow Leader of the House talk about the need for a constitutional convention, because, of course, when the devolution Bills were debated, as my right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) has so ably pointed out, these matters were raised time and again. It is clear that in 13 years or more in government, the Opposition had more than ample time to set up that constitutional convention and failed to do so. It seems to me that they are making those calls too late. I am afraid that my constituents, like those of many other Government Members who have spoken, have waited long enough. They have had to sit back and watch the inherent unfairness in the system. As my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) has so ably said, we need to concentrate on making sure that just as there should not be two classes of MP, there should not be two classes of citizen.

The difficulty is that my constituents very much feel that they are second-class citizens. As so many other Members have said of them, they do not want an English Assembly. It is extraordinary that the SNP has come here and suggested to me, as my constituents’ representative, that my constituents should not be allowed to choose how they wish their devolution to be expressed. The SNP might want them to have an English Parliament, but it is not appropriate for them to be dictated to about a form of democracy or how they want it to be exercised.

My constituents were asked about this at the election. We stood on a manifesto that included a commitment to English voters, and my constituents made it very clear that they did not want a separate English Assembly.

Madeleine Moon Portrait Mrs Madeleine Moon (Bridgend) (Lab)
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The hon. Lady was a Member of the Welsh Assembly, so she knows that there is a dynamic relationship between Members of Parliament and Assembly Members and that devolution is about the conversation between this House and a sovereign body in the devolved place. To say that an MP can represent themselves and two minds is nonsense, is it not?

Antoinette Sandbach Portrait Antoinette Sandbach
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I simply do not understand the hon. Lady’s argument. I used to represent an area in Wales and would like to take this opportunity to put the record straight. The hon. Member for Wrexham (Ian C. Lucas) suggested that I had lost numerous first-past-the-post elections to the Assembly, but in fact I lost only one—by 500 votes—and was then elected in 2011, in the second election after that. I know that the hon. Gentleman himself lost the election in North Shropshire before he was elected in Wrexham.

On the point made by the hon. Member for Bridgend (Mrs Moon), my constituents in Wales had a number of elected representatives to whom they could go, namely Assembly Members and MPs, and they would often go to MPs to raise matters that were devolved to the Assembly. My constituents in England, however, have made it clear that they want a single person to represent them, namely their MP. The electorate have voted on it and have made their democratic will clear through the Members of Parliament they have elected to this House.

There is an inherent injustice in MPs from Wales, who cannot vote on education, health, certain transport matters, housing and the Welsh language in the constituencies that they represent, being able to have an influence over and a vote on those matters here. That will not change under the proposals. When this House deals with legislation that has a devolved element, the Welsh Assembly will be able to give consent to this place under a legislative consent motion. When the majority of 150 Labour MPs trooped through the Lobbies, the hon. Lady’s party knew very well that it was setting up a system that the hon. Member for Wrexham described in a Westminster Hall debate as unequal and unfair.

This small step is a modest one, as has been said by many other Members, and it will be reviewed in 12 months’ time. It is right, after 20 years of inaction following the devolution Acts and numerous amendments, that at this time, in this House, there is an opportunity for those of us who represent English seats to fight to ensure that the small matter of consent, which applies in all other devolved Administrations, applies here.

Peter Grant Portrait Peter Grant
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Does the hon. Lady agree, on behalf of the people she used to represent in Wales, that it would be utterly unacceptable for the people of Wales to vote to remain in the European Union and then be dragged out simply because a majority in the bigger neighbour voted that way?

Antoinette Sandbach Portrait Antoinette Sandbach
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As the hon. Gentleman knows, foreign affairs is not a devolved issue. That is a United Kingdom decision. It will be decided on, I am glad to say, by all the citizens of the United Kingdom. It is the Conservative party that is making sure that every single citizen in the United Kingdom will get a vote on that issue.

On the Barnett consequentials, I am very grateful to the Leader of the House for listening to the debate under Standing Order No. 24. It is clear that consideration has been given to the potential for Barnett consequentials. That is reflected in the changes to the proposed Standing Orders. Scottish citizens voted for a devolution settlement that reflected their wishes: they wanted a Scottish Parliament. English citizens have voted for a different settlement and do not want to have a separate English Parliament. They want matters to be dealt with in this House in a way that is fair and gives them some equality.

Callum McCaig Portrait Callum McCaig (Aberdeen South) (SNP)
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The aspirations of the various peoples of these islands are being articulated in this debate. We are to believe that the English people want a way for their views to be represented. According to Conservative Members, that has been done through the recent election. Can we not accept that the same thing happened in Scotland? There is an overwhelming desire for enhanced devolution, and we in Scotland are not getting that. We are getting locked out in key areas of this place.

Antoinette Sandbach Portrait Antoinette Sandbach
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The hon. Gentleman ought to reflect that his constituents have seen at least two, if not three, Scotland Acts pass through this Parliament that have devolved decision making down to the level of the Scottish Parliament. That has not happened for those in England, who wish to see a greater balance and fairness in the system. This measure is a small step towards achieving that. They do not want an English Parliament.

The hon. Member for Alyn and Deeside (Mark Tami) talked about the London Assembly. The difference is that the London Assembly does not have legislative powers. The difference is the decision making on legislation. The right hon. Member for Delyn (Mr Hanson) is well aware that he cannot vote in this place on matters relating to transport, housing, the Welsh language, education or health in Wales unless the Welsh Assembly gives its consent.

Martin Docherty-Hughes Portrait Martin John Docherty
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Will the hon. Lady give way?

Antoinette Sandbach Portrait Antoinette Sandbach
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I am sorry. I wish to make some progress.

I ask for parity of treatment between my constituents in my English constituency and the people I represented in Wales. I do not accept it when Labour Members stand up in this House and make an argument about second-class MPs. The reality is that without this change we have second-class citizens in England who do not have the protection given to those in Wales and Scotland. It is time for that fundamental injustice to be put right. I very much support the moves made by the Leader of the House.

David Hanson Portrait Mr David Hanson (Delyn) (Lab)
- Hansard - - - Excerpts

I pay tribute to the hon. Member for Glasgow North East (Anne McLaughlin). She might not know this, but like her I wanted to be in “Coronation Street”. Of the three other people on my drama course at university, one ended up presenting “Blue Peter”, one has won an Oscar and one wrote “Indiana Jones and the Temple of Doom”; and I ended up here. She can decide who was the most successful. She made a strong maiden speech, however, and I was pleased with her tribute to my colleague, Willie Bain, who served her constituency well.

I am also pleased to follow the hon. Member for Eddisbury (Antoinette Sandbach). I have lost her seat and she has lost mine, so I think we are equal. We border each other, however, and it is crucial to this debate how that border is affected and how I, as a Welsh Member, serve my constituents.

I have been very lucky; I have been here for 23 years, and every year I have walked through that door into this Chamber, I have done so as an equal Member of the House—equal to everybody elected to this House on a universal franchise after the people have put a cross by my name and my party’s name and thereby elected an MP who can speak on any issue before the House. I did that—dare I say it?—when the right hon. Member for Wokingham (John Redwood) was Secretary of State for Wales and made decisions in this House affecting my constituents without a majority in the area I represented. I was here when Lord Hunt served as Secretary of State for Wales and made decisions in my area without his party having a majority in that area.

I have also served as a Northern Ireland Minister—this supports the arguments made by the hon. Member for East Antrim (Sammy Wilson)—as a Welsh Member in a UK House of Commons dealing with devolved issues in Northern Ireland when the Assembly was suspended. I did so as an equal Member because I happened to believe in the United Kingdom. When Members walk through that door into the Chamber, they do so as equal Members.

I object to the proposal because it strikes at the heart of this Parliament and a United Kingdom in this Parliament. It also strikes at the heart of what my constituents send me here to do. I think that I should decide what I say in the Chamber on behalf of the people who have elected me and that I should be accountable for that to those people, yet, under these proposals, I will be able to speak but not vote in Committee on crucial issues that affect my constituents. Why does that matter? It matters because the Government’s proposals will give a veto to English MPs on issues before the House. It will veto my being able to table amendments that I can vote on in this House, and it will veto my serving as a Minister dealing with UK matters on devolved issues. As was said earlier, that would have meant the likes of John Reid not being able to serve as Secretary of State for Health, having been chosen by a UK Prime Minister, Gordon Brown, and elected to the United Kingdom Parliament to serve under a Prime Minister representing a seat in Scotland. He would have been unable to vote in a Committee of the whole House on matters that his Government had bought before the House. That creates a second-class tier of MP.

This matters in my constituency for reasons that the hon. Member for Eddisbury has mentioned. We are close to the border with England. By dint of previous Governments’ decisions, things that happen in England matter to my constituents. My constituency is served by Glan Clwyd hospital in north Wales and the Countess of Chester hospital in Chester, England. The latter currently services 66,514 out-patient attendances from constituents who have a Welsh postcode. It also services 14,185 finished admission episodes and 14,404 accident and emergency attendances by Welsh citizens, which are paid for by Welsh Assembly Government funding to that hospital. Under the Government’s proposals, if legislative proposals were made about that hospital, I could not table an amendment that I could vote on here. If I cannot do that, who can?

Antoinette Sandbach Portrait Antoinette Sandbach
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I have absolutely no doubt why attendances have gone up at the Countess of Chester. The Labour-controlled Welsh Assembly proposed to close the maternity unit at Glan Clywd, which will have had very severe knock-on effects for Countess of Chester hospital. Indeed, the hospital said that it would not be able to cope with the consequences of that decision. The problem was that my constituents had no way of influencing the decision in the Welsh Assembly or the right hon. Gentleman’s policies in that regard.

David Hanson Portrait Mr Hanson
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The hon. Lady might like to take up that issue with her right hon. Friend the Member for Clwyd West (Mr Jones), who I think shares my view. Let me quote from the annual report of the Countess of Chester hospital:

“We are the main Trust serving Western Cheshire and provide services to approximately 30% of the population covered by the Betsi Cadwaladr University Local Health Board in Wales. Welsh patients represent approximately one fifth of the workload of the Trust.”

English Votes on English Laws

Antoinette Sandbach Excerpts
Tuesday 7th July 2015

(8 years, 11 months ago)

Commons Chamber
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Angela Eagle Portrait Ms Angela Eagle (Wallasey) (Lab)
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I rise to support the motion tabled by the right hon. Member for Orkney and Shetland (Mr Carmichael), and I congratulate him on his successful application for this debate. Debates under Standing Order No. 24 are relatively rare and take place only in exceptional circumstances when you permit, Mr Speaker. That we are having this debate at all speaks volumes about the reckless and shoddy way that the Government have chosen to pursue their proposals on what they like to call English votes for English laws. Their partisan, self-serving solution to this question is highly controversial and divisive, and their method of introducing it is a constitutional outrage. I hope that even at this late stage they will see sense and think again.

To avoid any scintilla of doubt, the official Opposition accept that with the prospect of greater devolution to Scotland, Wales and Northern Ireland, the voice of English MPs must be heard on matters that relate purely to England. That could be achieved in any number of ways, but we believe strongly that such changes would best be achieved by the widest consideration and proper consultation with all political parties and wider civil society. Cross-party support would also be desirable, and it is regrettable in the extreme that the Government have made no meaningful efforts to facilitate that. Instead, they have played narrow party politics when they should have been putting the national interest and the Union first.

Antoinette Sandbach Portrait Antoinette Sandbach (Eddisbury) (Con)
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All those potential flaws were debated in this House at the time of devolution to Scotland and Wales. The settlement was asymmetrical, and the Labour party failed to institute a constitutional convention at that stage.

Angela Eagle Portrait Ms Eagle
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We had the guts to come forward with proper legislation and a referendum before any of the Assemblies were put in place. If only the Conservative party had even considered doing that.

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Jeffrey M Donaldson Portrait Mr Donaldson
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I value Scotland’s place in the United Kingdom, and I will fight passionately for the right of Scottish MPs to have a say in matters that affect Scotland. The point that was made about the Barnett consequentials is very important. We lack clarity, and we need clarity in this discussion.

When it comes to legislation in Northern Ireland, we have different types of devolution. For example, an important issue in Northern Ireland at this time of year is the question of parading, which is a non-devolved matter. We are in ongoing discussions between the political parties, and we hope to come up with a new system for dealing with parades. We need it badly, but it will be this House that will legislate on the new system. What if we follow the logic of the argument that is being made? As it is a matter that affects only Northern Ireland, only Northern Ireland MPs would be able to vote on it. That is muddled thinking. I am not suggesting that that should be the case, but how do we define what is and is not devolved? Parading is a non-devolved matter, but elements of the legislation would be devolved. Policing is a devolved issue, as is justice, and those things impact on parading, so where do we draw the line? That is my difficulty with the Government’s proposal.

The Democratic Unionist party recognises that the issue needs to be addressed. There have been comments about the need for generosity on the part of the English, and I recognise that the question is important to people who live in England and needs to be addressed, but this is the wrong way to do it. I agree entirely with the right hon. Member for Doncaster North (Edward Miliband), and the DUP supported the concept of a constitutional convention. The Union is too important. The integrity of the United Kingdom is too important to be left to a debate on Standing Orders in this House. That is not how we should be dealing with these issues, and I say that as a passionate Unionist.

Antoinette Sandbach Portrait Antoinette Sandbach
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I had the privilege of serving in the Welsh Assembly, where the Presiding Officer regularly issued legislative consent motions on matters that were before this House. Is the right hon. Gentleman suggesting that that process could not be undertaken by Mr Speaker in a way that is impartial and fair?

Jeffrey M Donaldson Portrait Mr Donaldson
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All I am saying is that it places you, Mr Speaker, as the Speaker of this House of Commons, in an invidious position. You will have to adjudicate on these matters daily and I do not think that is how we should deal with the question of how to handle English laws. It requires a much wider constitutional debate and this is not the appropriate way to defend and protect the integrity of the United Kingdom. It raises too many questions and, frankly, plays into the hands of those who want to go down the road of separation. Will we look back in a few years’ time and rue the day that this happened?

I do not for a moment believe that the Leader of the House is acting out of any other motivation than a desire to address this issue, and to do so from a Unionist perspective, but I cannot agree with the method that he is suggesting. We need to go back to the drawing board and to find a way forward on which we can all agree. That is why there is a need for greater discussion and I would welcome more engagement with the Leader of the House on these questions.

This proposal raises many issues about how the matter will be handled in the future. For example, a lot of legislation for Northern Ireland and other parts of the kingdom is dealt with by Orders in Council and statutory instruments. We need to tease out how all that will be handled. Points have been made about the Barnett consequentials and this is important, because, as the hon. Member for Foyle (Mark Durkan) mentioned, we have a crisis in the Northern Ireland Executive over welfare reform. We have full legislative devolution on welfare reform, but the difficulty is that the Treasury has made it clear that we must implement welfare reform as it applies in the rest of the United Kingdom or we will not get any more money. How do we handle such issues in this House? How do we, as Northern Ireland MPs, have an influence on that issue in this House? I cannot see the answer to that in the Government’s proposals. That is why I think that there is a need for a deeper and wider discussion on these issues. This is too important to be left to a one-day debate on Standing Orders in this House. That is why today the DUP is joining others with whom we might not see eye to eye on constitutional issues. We want the best for the United Kingdom and, frankly, this proposal is far from the best.

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Wayne David Portrait Wayne David (Caerphilly) (Lab)
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I am strongly in favour of a distinct English voice in so-called English-only legislation, but I am totally, implacably against the proposals before us today. There are four reasons for that.

The first is that the proposals create two classes of Members of Parliament for the first time in our history: English Members of Parliament and everyone else— Scottish, Welsh and Northern Irish. That is a fundamental departure from what we have seen in British constitutional arrangements since time immemorial. The proposals do this by giving a veto to English Members. The political and constitutional result will be that a great deal of resentment is created throughout the whole of the United Kingdom. The proposals are fundamentally anti-United Kingdom. They create division and discord. We should be pulling together, not pulling apart.

Secondly, the proposals do not understand the reality of asymmetrical devolution in modern Britain, and do not understand the new relationship that exists between the nations of the United Kingdom. That relationship is more important than ever before, but the proposals do not acknowledge that the largest part of our Union is England, with 85% of the population. What happens in England inevitably has a huge impact on what happens in the rest of the United Kingdom, especially with an asymmetrical devolution arrangement. I am a Welshman and proud of it. I am British as well, but I recognise that legislation determined in England has a huge impact on Wales, and Welsh Members should be involved in the determination of that legislation.

The border between English and Wales is porous. It is not a hard and fast border. What happens in England has a huge impact on what happens in all parts of Wales, particularly in border areas and particularly in north-east Wales. There is often cross-border movement, with people from one part of the country going to visit hospitals in another part of the country. Therefore what happens in the English health service, for example, affects people in Wales, and there should be some facility to allow us to make that point.

Antoinette Sandbach Portrait Antoinette Sandbach
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Does the hon. Gentleman recognise the fundamental unfairness for my constituents, who cannot vote on legislation produced by the Welsh Assembly, despite the porous nature of the border that he referred to?

Wayne David Portrait Wayne David
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I am all in favour of dialogue and of different opinions being taken into account. What I am against is people effectively being vetoed out of any possible arrangements. That is very harmful.

Let me give another example of how the proposals could deny Wales a legitimate voice in the deliberations of this House. We may well see in the near future legislation for a new runway at Heathrow. It could be decided by a planning application or by a hybrid Bill. If such a Bill comes before the House of Commons, it will have a huge impact on the people of Wales. We will be strongly in favour of an extra runway at Heathrow. It will have a huge and positive impact on Wales, yet we will be excluded from any say or deliberation on that. That is fundamentally unfair. There would be an English veto against us if we promoted something that would favour Welsh interests, when it legitimately should do so.

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Antoinette Sandbach Portrait Antoinette Sandbach (Eddisbury) (Con)
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I am grateful to be called in this debate. I am unusual in that, having represented north Wales for some time and having seen devolution in action in the Welsh Assembly, I find myself over the border, representing an English constituency where the voices of my constituents cannot be heard in the way that my constituents in Wales were heard. I would have had a great deal of sympathy for the Opposition, but these arguments were known at the time of the asymmetrical devolution settlement.

My right hon. and learned Friend the Member for Beaconsfield (Mr Grieve) spoke powerfully about the impact of an Act and why it is so important to introduce these proposals through Standing Orders. We saw with the Agricultural Sector (Wales) Act 2014 how powers given away from this place by Act were changed by judicial law making. That effectively changed the constitutional settlement in Wales and made it a reserved powers model, expressly contradicting the provisions of the Bill. Furthermore, that substantially delayed the impact of legislation and changed the settled will of this House through judge-led law making.

It is for those reasons that many Members on the Government Benches have considerable concerns about a written constitution. I hear the cries for a constitutional convention, but the opportunity was there in 1999 and the vital question of English votes for English laws was not addressed, and it should have been. To paraphrase what my right hon. and learned Friend said in another debate, “If not now, when?”

We need this change. English voters are increasingly resentful. Research shows a consistent message that the people of England do not think that it is right that MPs from Scotland should be allowed to vote in the House of Commons on laws that affect only England. That research is from the National Centre for Social Research. [Interruption.] Does the hon. Member for Pontypridd (Owen Smith) wish to intervene?

Owen Smith Portrait Owen Smith (Pontypridd) (Lab)
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I was simply saying that the hon. Lady really ought to have listened to her hon. Friend the Member for North East Somerset (Mr Rees-Mogg), who effectively said that English Members need to be far more generous, considering the size of England compared with the other parts of the UK, and not legislate on the basis of imagined resentment.

Antoinette Sandbach Portrait Antoinette Sandbach
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These are proper findings established by the National Centre for Social Research. What I am saying is that changing the Standing Orders is an appropriate way to act. I heard the powerful and appropriate speech from my hon. Friend the Member for North East Somerset (Mr Rees-Mogg), in which he made some very relevant points. He was arguing against an alternative English Assembly, and I agree with him entirely. The matter should be dealt with in this Parliament. This Parliament should put in place the processes to ensure equality—[Interruption.] No, we do not need a referendum, because we have just had a general election in which the majority of the British public voted for these measures. The people of the United Kingdom have spoken in support of English votes for English laws.

Fiona Mactaggart Portrait Fiona Mactaggart
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The hon. Lady refers to the general election. What does she think of Professor Vernon Bogdanor’s statement that the general election decides who will run the United Kingdom for the next five years, but not whether there will be a United Kingdom to run?

Antoinette Sandbach Portrait Antoinette Sandbach
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I am grateful to the right hon. Lady for that intervention. I will reply with the comments of Professor Robert Hazell of the Constitution Unit. He has expressly endorsed the process of introducing English votes for English laws through the Standing Orders. There is clearly a disagreement in academic opinion in the country.

The concern is that, if the matter came forward in the form of a Bill, rather than by Standing Order, the processes of this House would be subject to endless challenge in the courts, which clearly must be avoided. That has been seen clearly elsewhere.

Antoinette Sandbach Portrait Antoinette Sandbach
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I am going to make some progress.

The Presiding Officer in the Welsh Assembly is very capable of deciding and certifying whether or not a matter is devolved. I have great confidence that the Speaker of this House would be able to do the same without any suggestion that that role has been politicised. I find it extraordinary that it is suggested that the role of Presiding Officer in the Welsh Assembly, or indeed in the Scottish Parliament, is politicised, as legislative consent motions and matters of legislative competence are dealt with regularly. I have no doubt that once the changes in this House have been allowed to bed in, the same process will apply here, with the full confidence of the Speaker.

English Votes for English Laws and North Wales

Antoinette Sandbach Excerpts
Wednesday 1st July 2015

(8 years, 11 months ago)

Westminster Hall
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Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Albert Owen Portrait Albert Owen
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I am grateful for that intervention. I will develop my argument a little further, but my point is that devolution needs to be close to the people. In the original Welsh devolution settlement, the Assembly had regional bodies where we discussed many issues. I do not want devolution to be just a movement of powers from Westminster to Cardiff Bay: within Wales, I want it to go to Colwyn bay and Cardigan bay, and to Cemaes bay in my constituency. That is real devolution and that is what I am advocating. Devolution should not just be for one part of the UK. We need even distribution of devolution across the UK.

Antoinette Sandbach Portrait Antoinette Sandbach (Eddisbury) (Con)
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Of course, the reality is that the decisions of the Assembly have led to power being centralised in Cardiff, out of the regions of Wales. That is a product of the very devolution that the hon. Gentleman professes to support, and it happened because of decisions taken in the Welsh Assembly by elected Welsh representatives. Is he arguing against the devolution that has happened in Cardiff?

Albert Owen Portrait Albert Owen
- Hansard - - - Excerpts

The hon. Lady was a North Wales Member of the Assembly. My criticism is not just about the institution or the Government in Cardiff Bay. North Wales Assembly Members should be making a stronger case for North Wales. That is what I am doing today, as a North Wales MP. I will argue, when I have a chance to develop my argument without interventions, that there needs to be representation from North Wales MPs in this debate.

The debate has gone a bit sterile post-Scottish referendum, partly because of the Prime Minister’s reaction on the morning after the referendum result, which I very much welcomed. Instead of being statesmanlike and trying to strengthen the Union after the referendum result, he chose to talk about one part of the UK: England. The Union is not strengthened by isolating and talking about one part of it. Unionism must be about the whole UK. That is why I am arguing for North Wales MPs having a strong voice and being equal in this UK Parliament. We are all elected under the same franchise and we should be allowed to debate and vote on the same rules and regulations that are before this House, and there should be no exemption. No Parliament will succeed if it has two tiers of representative. We all have the same mandate and we are here to represent our constituents and the UK, but we will not be able to do that if we go down the avenue proposed by the Conservatives. That is the gist of my argument. I will put some detail on it in the next seven or eight minutes, after which I will sit down and allow other hon. Members to contribute.

Devolution has to be more than just a theory: it has to be practical and real because it concerns services, such as health and transport, which are often provided east-west in the UK. Most decisions on transport that affect Wales are made here in the Department for Transport. The debacle over the west coast main line affects not just my constituents, but the whole of North Wales and the whole of England. It is an interconnector and a corridor between Ireland and London, going through North Wales. It would be crazy for North Wales MPs not to have a say or not to be able to question the Secretary of State when big decisions go wrong, such as when millions of pounds of taxpayers’ money is squandered by errors in the franchise process. That affects my constituency and services to my constituents. I travel on that train every week, and I know the composition of its passengers: they are from North-West Wales, other parts of North Wales and England. We need to have a voice in this House when we debate such issues, so that we can express our views and vote on big decisions that affect our constituents.

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Kirsty Blackman Portrait Kirsty Blackman (Aberdeen North) (SNP)
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I appreciate the opportunity to speak in this Westminster Hall debate on English votes for English laws and North Wales. The Government have managed to get themselves in a right guddle over this. Despite much conversation and much posturing, there is still a total lack of clarity about what will be classed as English only and what will be considered by the whole House. The SNP is clear that Scottish or Welsh MPs should not be given second-class status in the House of Commons. We face the prospect of MPs being barred from votes, reducing our ability to help our constituents.

The process of certification as “England only” will be highly contentious and no doubt debated as the matter goes forward. Although I have much respect for both the office of Speaker and the Speaker himself, I cannot say that I envy the task he may be presented with. If the decision is taken to give the role to the Speaker, it is clear that provision needs to be written in for devolved legislatures to be consulted in advance of the Speaker’s decision. That happens in Scottish situations when neither Government have indicated a need for a Sewel motion in draft legislation, so the procedures are there. I am sure that none of us wants such issues to be decided in the courts, but it is surely of concern that the process of change through Standing Orders, rather than legislation, would mean that a contentious certification decision could not be challenged in any way, including through the courts. That is not right if people in Scotland, Wales or Northern Ireland are disadvantaged by legislation that their democratically elected MPs have been excluded from considering.

Antoinette Sandbach Portrait Antoinette Sandbach
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The problem with going through the courts is the endless delays. We saw that in Wales with the Supreme Court’s decision regarding the Agricultural Wages Act 1948, which fundamentally altered the Act and moved Wales on to a reserved powers model. That is undemocratic because it is judicial decision making.

Kirsty Blackman Portrait Kirsty Blackman
- Hansard - - - Excerpts

The point is that the core process is there. We need a process of legal challenge. We need to allow people to challenge decisions that are taken here. Making the change through the Standing Orders removes that right.

The key point is this: it would be ridiculous and undemocratic for Scottish or Welsh MPs to be excluded from any decision that could have a detrimental impact on the budgets of the devolved Administrations. Forty-five per cent of the Scottish people voted for independence and 55% voted to stay in the Union. Not one of them voted to cede to others the ability to legislate. It would be utterly bizarre for such a significant constitutional change to be made by a change to the Standing Orders.

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Antoinette Sandbach Portrait Antoinette Sandbach (Eddisbury) (Con)
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Thank you, Mr Crausby, for calling me to speak. I am grateful to the hon. Member for Ynys Môn (Albert Owen) for securing the debate. In reality, it is easy to answer the question of the right hon. Member for Delyn (Mr Hanson) about how to identify which votes are on English-only matters and which are not. We simply look at the Wales Act 2014, for example, and decide which powers have been devolved to Wales and which are reserved; that will identify them. It happens all the time in the National Assembly for Wales, with the process delegated to the Presiding Officer. I would, however, have a great deal more sympathy with the position of the right hon. Gentleman if he had not voted for that asymmetrical and uneven devolution settlement, described by the hon. Member for Ynys Môn. We need to remember that all the arguments were made when the Government of Wales Acts were before Parliament. All those issues were identified.

I have a great deal of sympathy with the hon. Member for Ellesmere Port and Neston (Justin Madders) on his frustrations with Natural Resources Wales, a body that is incredibly inefficient and should never have been set up; I opposed it when I was in the Assembly. However, the hon. Gentleman still has an ability to influence it, and to contact it on behalf of his constituents, although he does not have an ability to vote on setting up such a body—but that is the position that my constituents are in.

As described by the right hon. Member for Delyn, I have farmers who go over to Wales to sell their products in the market at Mold. They are subject to Welsh tuberculosis restrictions on pre-movement testing of cattle, but cannot vote on the matter. That constitutional settlement was put in place by the Labour party. All the arguments we have heard today were rehearsed then—we have been hearing them for years.

I accept all the points made by Members on both sides of the House about our strong links and ties, which have been there for generations, but we have to deal with the unfairness affecting England. That issue has been raised on the doorstep. The hon. Member for Aberdeen North (Kirsty Blackman) ought to realise that it is a great cause for concern when education or health matters, which are wholly devolved to the Scottish Government, can be voted on by Scottish MPs. In reality, she will have an opportunity to vote on financial matters that may affect her constituents, because there will be a vote on the Budget and an opportunity to debate those matters.

The unevenness of the constitutional settlement was recognised by the fact that the Conservative party secured a majority with an election manifesto commitment to deliver English votes for English laws. My hon. Friend the Member for Vale of Clwyd (James Davies) was right to say that we cannot have it both ways. If something is in the Scotland Act 1998 or the Government of Wales Act 2006, it is devolved, so what constitutes an English or Scottish matter will be very clear to the Speaker. Everyone will vote on the Budget—there is no suggestion that that will not happen—but English votes for English laws is a matter of fundamental fairness in this House, and needs to be addressed. If matters are devolved to Scotland or Wales, it should be English MPs who have the vote on those matters in England. Failing to address that fundamental unfairness undermines the integrity of this House.

Andrew Turner Portrait Mr Andrew Turner
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May I ask what the difference is between the system we are proposing and one that includes a long-term think about things, which is basically what the Labour party favours?

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Antoinette Sandbach Portrait Antoinette Sandbach
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The short answer is that I do not know, but the last time there was a constitutional convention, it took years; it was kicked into the long grass. Quite frankly, this situation needs to be dealt with now.